Law: Criminal Procedure Code (V of 1898)

Section: 161,162

Criminal Procedure Code (V of 1898)--- ----Ss. 161 & 162---Examination/statement of witnesses before police---Audio and video recording---Permissibility---Use of audio or video devices to facilitate the recording of statements under S.161 or S.162, Cr.P.C could not be said to have been prohibited by any interpretation of the said provisions when the finished product to be used in the Court to confront the witness was the statement reduced to writing and not its audio or video recording---In terms of Ss. 161 & 162, Cr.P.C (in their current form) audio or video recording of statements of witnesses could not be admitted into evidence for the proof of such statement till the law was amended, but its use to facilitate recording of such statement could not be discouraged on the basis of a pedantic interpretation of Ss.161 & 162 Cr.P.C.---Supreme Court observed that in the age of computer where almost everything was communicated and even business of every type was transacted online, emphasis on the form of doing a thing as it used to be done in the year 1898 would amount to putting at naught the dynamics of scientific and technological advancements which had not only liberated man from exhausting labour but also made things easier---Application was dismissed accordingly. P. Sirajuddin and others v. State of Madras and others 1970 (1) SCC 595; Ch. Razik Ram. v. Ch. Jaswant Singh Chouhan and others (1975) 4 SCC 769; Tahsildar Singh and another. v. State of U.P. AIR 1959 SC 1012 (V 46 C 137) and Pakala Narayana Awami v. Emperor AIR 1939 PC 47 distinguished. The State of Rajasthan v. Teja Ram and others (1999) 3 SCC 507 ref. THIS ORDER PASSED BY: EJAZ AFZAL KHAN, J.- This C.M.A. has been moved on behalf of Hussain Nawaz Sharif one of the respondents for issuance of an appropriate order directing the JIT to stop the video recording of the proceedings relating to examination and interrogation of witnesses and to constitute an independent Commission of a retired or sitting Judge of this Court to inquire into the circumstances leading to the leakage of his image. 2. The learned Sr. ASC appearing on behalf of the applicant contended that where Sections 161 and 162…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492